Dresser v. W. H. Mullin Lumber Co.

The defendant in error company sued in the district court of San Juan county to recover an alleged balance of a claim for goods, wares and merchandise sold and delivered to the plaintiffs in error, Mr. and Mrs. Dresser, defendants below. Trial having been had to the court, findings and judgment were entered in favor of the company and against both defendants. The Dressers bring the case here by writ of error.

The transactions were all between the company and one C. M. Lane, who acted ostensibly as agent. It was earnestly contended during the trial below that Lane was not the agent of Dresser.…